Reservation Not Fundamental Right, Govt Not Bound To Provide Quota In Jobs, Promotion: Supreme Court (Photo Credit: PTI File)
New Delhi:
The Supreme Court on Friday said an individual cannot claim reservation as a fundamental right. It added that government is not bound to provide quota in promotion for the Scheduled Caste and Scheduled Tribe employees in public jobs.
The Supreme Court ruled that no court can order a state government to provide for reservation to SC/STs. The top court ruled that state government has the power to decide whether or not to provide for reservation or reservation in promotions, and that there is no obligation on the states to mandatorily do so.
A bench of Justices L Nageswara Rao and Hemant Gupta said Articles 16 (4) and 16 (4-A) of the Constitution empowered the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes "if in its opinion, they are not adequately represented in the services".
"The State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations," the bench said.
The Supreme Court's judgment overturned a 2012 ruling by the Uttarakhand High Court that directed the state to provide quotas to specified communities.
